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250 Protected Monuments Registered as Waqf Properties

  1. In December 2024, The Archaeological Survey of India (ASI) discovered that 250 protected monuments in India are currently registered as Waqf properties.
  2. This was revealed through an internal survey conducted by the ASI.
  3. The ASI plans to present this information before the Joint Parliamentary Committee (JPC), which is examining the Waqf (Amendment) Bill, 2024.
  4. The ASI is also seeking to regain control over these monuments that are listed as Waqf properties.

Context:

  1. The Waqf Act 1995 allows the Waqf Board to declare any property or building as a Waqf property, which is designated for charitable purposes under Islamic law.
  2. The ASI’s survey highlights that several protected monuments of national importance are now under the purview of the Waqf Board.
  3. The monuments included in the list also feature in the 2006 Sachar Committee report, which reviewed the social, economic, and educational status of the Muslim community in India.
  4. This report specifically identified certain Waqf properties in India that were under unauthorized possession of the ASI.

Prominent Monuments Involved:

  1. Some of the prominent monuments in Delhi that are affected by this issue include:
    1. Jama Masjid at Ferozeshah Kotla
    2. Chhoti Gumti Makbara in RK Puram
    3. Hauz Khas Masjid
    4. Idgah
  2. These sites, among others, are part of the 250 monuments now registered as Waqf properties.

The Waqf Board and ASI Conflict:

  1. The primary issue arises due to the unilateral actions taken by the Waqf Board, which has declared several protected monuments as Waqf properties without consultation with the ASI.
  2. This move by the Waqf Board conflicts with the Ancient Monuments and Archaeological Sites and Remains Act (AMASR), 1958, which grants the ASI control over protected monuments for purposes of preservation and conservation.
  3. The ASI argues that such unilateral declarations have created significant management and conservation challenges.
  4. It is facing difficulties in preserving and maintaining these monuments due to unclear ownership and control.

JPC Examination and Concerns Raised:

  1. The Joint Parliamentary Committee (JPC) is examining the Waqf (Amendment) Bill, 2024, which could potentially address issues related to the ownership of such properties.
    1. A JPC is an ad-hoc body that acts as a mini-Parliament to carry out detailed scrutiny of a specific matter within a specific time frame.
    2. The purpose of a JPC can include: Scrutinizing a subject or bill, Investigating allegations of fraud and stock manipulation, Looking into financial irregularities, Identifying regulatory loopholes, and Making recommendations.
  2. During the 4th meeting of the JPC in September, the ASI reported that 120 monuments were initially identified as being under the Waqf Board’s control.
  3. However, after further investigations, the number of affected sites has risen to 250.
  4. The ASI has raised concerns that the situation is leading to conflicts in the management of these sites and complicating efforts related to their conservation.

Legal Frameworks in Conflict:

  1. The Waqf Act of 1995 gives the Waqf Board the authority to declare properties as Waqf.
  1. But the Ancient Monuments and Archaeological Sites and Remains Act (AMASR), 1958 gives the ASI control over the management, preservation, and conservation of national monuments.

This creates a legal conflict, as the Waqf Board’s declarations may interfere with the ASI’s mandates regarding monument conservation.

Waqf Controversy and the Upcoming Waqf Bill

What is a Waqf?

  1. A Waqf refers to property dedicated in the name of God for religious and charitable purposes under the Waqf Act of 1954.

  2. Types of Waqf:

    1. Public Waqf: Serves charitable and religious purposes (e.g., funding educational institutions, mosques, graveyards, shelter homes).
    2. Private Waqf: Benefits the direct descendants of the property owner.
  3. A Waqf property, once dedicated, becomes non-transferable and is meant to remain in perpetual use for charitable acts.

  4. Creation of Waqf:

    1. The person creating the Waqf, known as the Waqif, must be of sound mind and hold valid ownership of the property.
    2. The Waqif does not necessarily have to be Muslim, provided they believe in Islamic principles.

How is a Waqf Governed?

  1. The Waqf Act, 1995 regulates Waqfs in India.
  2. A Mutawali (manager or supervisor) is responsible for managing the Waqf.
  3. Unlike trusts, Waqfs cannot be dissolved, as they are meant to be perpetual for religious and charitable purposes.

What is a Waqf Board?

  1. A Waqf Board is a legal entity responsible for acquiring, holding, and managing Waqf properties.
  2. Composition: Each state has its own Waqf Board, which includes a chairperson and various members such as state legislators, Muslim scholars, and mutawalis of Waqfs with significant income.
  3. Powers:
    1. It oversees the administration of Waqf properties.
    2. Can recover lost properties and sanction the transfer of immovable Waqf properties, provided a two-thirds majority of the board agrees.
    3. Appoints custodians to ensure Waqf revenues are used for their designated charitable purposes.
    4. The Central Waqf Council (CWC) provides guidance to state Waqf Boards.

The Waqf Act, 1995

  1. A comprehensive law to improve the management of Waqf properties.

  2. Key Provisions:

    1. Registration: All Waqfs must be registered with the Waqf Board.
    2. Central Register: Maintains a central register of Waqf properties.
    3. Financial Oversight: Mandates annual budgets for Waqf maintenance and the prevention of encroachments on Waqf properties.
    4. Executive Officers: States can appoint executive officers for Waqfs with an annual income over Rs 5 lakh.
    5. Surveys: Conducts regular surveys to identify and register Waqf properties.

Waqf Act Amendment Bill

  1. Key Amendments: The government has reportedly approved 40 amendments to the Waqf Act. These amendments are said to reduce Waqf Board control over Waqf properties.
  2. Controversy:
    1. Many Muslim leaders argue that the amendments will infringe on religious freedom.
    2. Asaduddin Owaisi, AIMIM Chief, has criticized the amendments, claiming that they would reduce the autonomy of the Waqf Board and increase government control over religious and charitable matters.
    3. He warns that these changes could lead to administrative chaos.

Government’s Position: The government claims that the proposed Bill will bring about necessary reforms, aiming at better management of Waqf properties while addressing inefficiencies.

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